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Practices and Procedures on withdrawal of Patent Application in Malaysia


Can you please let us know what are the practices and procedures on withdrawal of Patent Application in Malaysia. Please advise us whether discontinuing prosecution of an application without express abandonment or withdrawal may be prejudicial to a related patent or application under Malaysian patent practice?

Discontinuing prosecution of an application without express abandonment or withdrawal will not be prejudicial to a related patent or application under Malaysian patent practice. A Notice of Refusal will be issued by MyIPO (Intellectual Property Corporation of Malaysia) if the applicant fails to respond to an office action on given deadline. This will cause the related patent or application to be refused.

However, the applicant may also withdraw the application by submitting an official declaration to withdraw the said application, as provided in the Malaysian Patents Act. For sake of clarity, we provide herewith Section 25 of the Malaysian Patents Act for your perusal.

"Section 25 
Withdrawal of application
An applicant may withdraw his application at any time during its pendency by submitting a declaration in the prescribed form to the Registrar, and such "

For more information, contact us at: malaysia@mirandah.com

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